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HomeMy WebLinkAbout5257 r � - Return Address: City of Bremerton City Clerk 345 6'"Street,Suite 600 . Bremerton,WA 98337-1873 '--- 201512230310 ' ` CITY OF BREMERTON Page � of 5 ' �, Ordinance Rec Fee $ ��•�0 , � ' 12l23f2015 04.11 PM '. Dolores Gilmore, Kitsap Co Ruditor '� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII — _ __=.. AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5257 � Reference Number(s)of Documents assigned or released: N/A � Granto�(s): 1. Ciry of Bremerton � � Additional names on page of document. Grantee(s): 1. Wedeven David B&Carol A � Additional names on page of document. �ega1 Description: portion of the NW '/,of the NE %, of Sec. 13,T 24,R lE,W.M.,Kitsap County, (abbreviated) Washington i x0 Additional legal is on page 4 of document. LAssessor's PropertyTax Parcel/Account Number: 4985-003-001-0004 __ ORDINANCE NO. 5257 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3224 setting a hearing date to consider the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on August 20, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Ri lg it_of-Way. That portion of Home Street between Winfield Avenue and the alley to the west described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. Severability. if any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 1 Home Street Vacation SECTION S. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. r� PAED by the City Council of the City of Bremerton, Washington this dG day of GGS�' , 2014. GRE ELER, Council President Approved this day of % , 2014. PATTY LE ayor APPROVED AS TO FORM: ATTEST: )'4 14'14- ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the 2 day of /slit, S' , 2014. EFFECTIVE the day of L. vYt.10 ei� , 2014 ORDINANCE NO. R:\Legal\Legal\Ordinances\Public Works&Utilities\Home Street vacation.doe 2 Home Street Vacation EXHIBIT "A" SECTION 13,TOWNSHIP 24, RANGE 1E, W.M., in KITSAP COUNTY, WA THE SOUTH 25 FEET OF HOMES STREET A DEDICATED PUBLIC STREET IN THE PLAT OF RYTHER'S FIRST ADDITION TO DECATUR, KITSAP COUNTY, WA ABUTTING PARCEL NUMBER: 4985-003-001-0004 LOT 1, BLOCK 3, RYTHER'S FIRST ADDITION TO DECATUR, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 77, RECORDS OF KITSAP COUNTY, WASHINGTON. Exhibit "B" Home Street Right of Way Vacation Section 13, Township 24, Range 1 E, W.M., Kitsap WA. 169 N 15 OT4=� QQ9- 00 10 W E 14 I s 013- 01 011 - 00 11 W 013- 00 _ 12 012 00 HOME S TR i Q EE T _ RIGHT OF WAY VACATION25' Q 12012- 00 01 011 - 00 0110010- 00 003- 00 016 9 009- 00 4 004- 0 U7 )l AFFIDAVIT OF PUBLICATION Account#42742 AD#20142939 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,being first duly sworn on oath,deposes and says:That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton, Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit: And on Aug. 25,2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$35.60.This amount has not been paid in full. (Signature of Principal Clerk) NOTARY PUBLIC Subscribed and sworn to before me this day of September 4,2014. STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08,2016 ORDINANCE NO.5257 AN ORDINANCE of the City Council of the City of Bremerton,Washington,relating to the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west. PASSED by the City Council on the 20th day of August,2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600, Bremerton,WA 98337. AUG.25,2014 AD#20142939